AuctionCut

I bought a watch about a month ago, but when it came in the mail, i noticed that it was broken. I immediately contacted the seller, and he said if I am unhappy with the purchase, I can return it for a 80% refund (also doesnt pay back s&h)
I shipped it back to him, but he said "the item is missing a price tag. We cannot do anything without a price tag." First of all, the item was broken, and second, he didnt say anything about keeping the price tag before I shipped it.

Frustrated, I filed a SNAD report. The seller immediately replied saying he would refund me 80% of my bid, but no shipping and handling. He said he will pay me back immediately after I cancel the dispute.

I agreed to this, but I am afraid that once I cancel the dispute, he will not pay me back. Should I tell him to pay me first, then I will cancel the dispute? Or, if I cancel the dispute, and we agreed that he would pay me back immediately afterwerd, he is obligated to pay me back? I am scared because the dispute agreement says I cannot open up another dispute on the same case. Help?
Thanks

Your right in being wary about cancelling the dispute. As you've already found out - once cancelled it can not be reopened. Be very careful before cancelling it!

And there are no guarantees that the seller will refund you if you cancel the dispute - once you've cancelled it from eBays point of view everything has been settled.

What was the payment method used? Was it paypal?

Why are you only getting 80% of the price back when the goods that were sent were broken....

Keep the dispute live, contact the seller and get 100% of your monies back as he is obligated under distance selling legislation...

If by Paypal then get a claim in NOW, you will be required to send it back recorded but hey you get ALL your money back...

I agree with AuctionMan. If the goods were faulty/broken when you received them you should get your full payment back.

At the moment, if their is a dispute in paypal the seller will not have access to the funds you paid because Paypal will have put a hold on them. The only options available to the seller are to escalate the claim to paypal and let them decide or to issue a full refund. Once funds are placed on hold, a partial refund is not usually an option.

If you do close the dispute the seller will be able to offer a partial refund - BUT there is no guarantee they will.

As soon as you close it, from eBay & Paypals point of view the case is settled and the seller is not obliged to do anything.

"What was the payment method used? Was it paypal?"
yes, it was PayPal

So should I say "please refund my purchase now, or I will escalate to the claim to paypal and let them decide or to issue a full refund."
Would you think Paypal would side with me? And if Paypal decides to give me a full refund, will it come out of the seller's pocket (because he/she should not get off this scott free)

"If by Paypal then get a claim in NOW, you will be required to send it back recorded but hey you get ALL your money back."

I will be required to send "it" back recorded. is "it" the watch? I already returned the watch, but I have proof that he got it back (tracking number, and email confirmation that he recieved the item).

The only thing I am concerned about is that the original package had a price tag, and I sent it back to him without one. Will this be a big factor?
Thank you so much for your help.

Willie

is "it" the watch?

Yes, the watch

I am concerned about is that the original package had a price tag, and I sent it back to him without one. Will this be a big factor?

I can not see it being a major problem. Have there been any developments?

Thank you for taking time to help me resolve my situation. I have not done anything yet to resolve the problem.
Mark, in your opinion.
Should I ask for a refund FIRST, then say I will close the dispute? does it work that way?

OR

should I escalate it to paypal, and let them decide? Do you think they will side with me and make him give me a full refund?

The seller sent me a video, saying that the watch works perfectly fine, (he probably had another watch in stock...), but it definetly did not work, (the one he game me.)

Thanks for your replies everyone.
ebay newbie, willie

In my experience when he refunds you the claim will be closed automatically.

Thanks for your response, but unfortunately, I read it to late. This will be my LAST question, thank you so much, I've learned so much.
Well, I got this in my ebay account inbox:
Dear Willie Hong,

Your seller has chosen to escalate this dispute to a PayPal claim. By
ending communication with you and escalating to a claim, the seller is
asking PayPal to investigate the case and decide the outcome. As part of
our investigation, PayPal will review any communication you may have had in
the Resolution Center.

What should I do? Is the resolution center just messages we send to each other? Or is it a special section? What can I do to help make paypal see my side of things?

It's now upto Paypal so you have to prove to them you sent the item back (i.e - show your tracking number) & it was not as described. I'm pretty sure paypal will back you as they will have read the messages within the resolution centre which state your case.

At this stage if you don't get a full refund it will be highly unlikely & unfortunate. If you have the option to offer more information about your case to paypal do so. Sometimes they get in touch to clarify things, so make sure you state your case to them in full.

I read your posting but was interested in knowing what SNAD means? I have a similar transaction that has recently occured and I want to file a claim. The seller only wanted a check, which I sent on the day of winning the auction, seller waited over two weeks after cashing my check, then sent the item damaged. He will not refund money and I don't know what else to do. I paid him $257.00 for worthless item.

If you cancel that dispute you most likely won't get your money back. You should tell the seller to send your money back first then you keep up your end of the bargain. Because this way the seller doesn't have anything to lose but the extra 20% on the total item cost. However if you do it his way and he backs out you won't get anything back. You'll lose 100% of what you paid. Think about it..

carrenr wrote:I read your posting but was interested in knowing what SNAD means? I have a similar transaction that has recently occured and I want to file a claim. The seller only wanted a check, which I sent on the day of winning the auction, seller waited over two weeks after cashing my check, then sent the item damaged. He will not refund money and I don't know what else to do. I paid him $257.00 for worthless item.

There are a few things you can do. First you should file a claim with Ebay for an item not recieved/not as described and leave negative feedback for the seller. Secondly you should contact your bank and let them know that the $257.00 charge was unauthorized. After you get your money back you should be honest and send this person there item back with a tracking number so you know that they've recieved it. I am a seller myself so I take up for those who are honest but I hate fraudulent sellers just as much as I despise fraudulent buyers. So, what have we learned today kids; Be Honest, Be Smart, and don't be Vendictive; wouldn't this be a better world